Legal Opinion

Reynolds v. Wilkinson

Mississippi Supreme Court

Decided March 15, 1919No. 20531Published

Appeal from the chancery court of Amite county. Hon. R. W. Cútele, Chancellor. Suit by Mrs. Viola Reynolds and others against J. T. Wilkinson and others. Judgment for defendants and plaintiffs appeal. Motion to correct certificate of clerk overruled and judgment affirmed in part and reversed in part. The facts are fully stated in the opinion of the court.

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Appeal from the chancery court of Amite county. Hon. R. W. Cútele, Chancellor. Suit by Mrs. Viola Reynolds and others against J. T. Wilkinson and others. Judgment for defendants and plaintiffs appeal. Motion to correct certificate of clerk overruled and judgment affirmed in part and reversed in part. The facts are fully stated in the opinion of the court. Our position is that the lower court could not and did Pot receive evidence of matters not relied upon in the pleadings and could not and did not receive evidence to contradict the admissions in the answers and cross-bills. “Where a fact is…

1Opinion

IN BaNC-ON THE MERITS.

This is a suit for partition in which the appellants were the complainants and the appellees were the defendants in the court below. The bill of complaint, among other things, alleges in substance that the complainants are children and grandchildren of Mica] ah Wilkinson, by whom the land in controversy was owned at the time of his death in August, 1868, and which was devised by items 2 and 4 of his will, which was probated and recorded, as follows:

*602“Item 2. Further that it is my will and desire that the remainder of my estate, both real and personal he kept together…

2Cases cited5 opinions

  1. Staton v. BryantMississippi Supreme Court · 1877
  2. Scottish-American Mortgage Co. v. BunckleyMississippi Supreme Court · 1906
  3. Clark v. FosterMississippi Supreme Court · 1915
  4. Colbert v. HenleyMississippi Supreme Court · 1886
  5. Yazoo & Mississippi Valley Railroad v. McLartyMississippi Supreme Court · 1894

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